Restaurant business and intellectual property. Why do you need a trademark?

     The restaurant business is currently one of the most attractive and successful. A huge choice for consumers of cafes, canteens, bars, restaurants, pizzerias, the success and development of which depends not only on the creativity of managers, the correct selection of highly professional employees and the organization of their work, but also on the variety of dishes provided and the quality of services, which makes their brand recognizable and successful in the market. The protection of intellectual property belonging to them is also important.

     One of these objects refers to trademark, the registration of which can guarantee its protection from unauthorized use by unscrupulous competitors and prevent the production and sale of counterfeits, and therefore allow not only to minimize financial and reputational risks, but also to save business.

     A big advantage of a registered mark is the increase in its commercial value after registration, which attracts investors and increases the value of the business, and also contributes to the successful promotion of the company’s products, enhances the effectiveness of advertising communications and public relations.

     All of the above benefits of registering a trademark for the restaurant business prove its necessity.

     However, before registering a mark, it is important to develop it in such a way that it reflects the main characteristics of the business, is unique, is easy to remember and is recognized by consumers among other marks. To develop a trademark, a whole team is involved, consisting not only of designers, but also marketers, lawyers, patent attorneys, and specialized company specialists. In this case, it is necessary to take into account the opinion of each team member.

     After completion of the work, the trademark is checked for uniqueness - that is, whether it is similar to the point of confusion with other already registered or being registered trademarks, which in the future may cause confusion among consumers and violation of the rights of third parties. The check is carried out using all available Rospatent databases.

     After making sure of its uniqueness, IKGS (International Classification of Goods and Services) classes are selected for the goods or services provided by the company. Among the most common classes of the ICGS for goods and services in the restaurant business, the following are usually used:

- classes 29, 30, 31, 32 (food and drinks that are presented on the menu);

- class 43 for the services provided for the provision of drinks and food;

- class 35 for the sale of its products and products of other manufacturers;

- class 39, if a restaurant, cafe or store has its own delivery service.

     Having selected the necessary classes of the ICGS, you can begin registration.

     To do this, you need to collect a package of all correctly executed documents: an application for registration with detailed indication of your data, including address; a sample trademark with its description and a list of goods and services for which it was developed; confirmation of payment of the state fee for registration of the mark.

     Documents for registration, as a rule, are submitted to Rospatent online using an automated software (a set of software and hardware tools consisting of computer hardware, specialized software and communications equipment), which allows the employee to efficiently and quickly complete their work. 

     Persons who independently submit their trademark for registration have the opportunity to send documents to Rospatent via mail or fax with subsequent submission of original documents.

     At Rospatent, documents are subject to a formal examination - the correctness of the application documents is checked and the presence of a confirming document on payment of the fee is checked. 

     After the formal examination, a substantive examination is carried out to determine whether the trademark complies with legal requirements.

     The owner receives a registration certificate for a trademark after the experts make a positive decision.

     In conclusion, I would like to note that all participants in the restaurant business and their business strategies are unique, and therefore, before developing a mark, registering it and selecting ICGS classes, it is important to involve multidisciplinary specialists, including patent attorneys.

It is important to remember that a registered trademark will not only protect the business, but will also serve as the basis for creating a recognizable brand, which will allow the company to strengthen its position in the market.